A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and was given his jail term increased to 10 years.
Appeal Trial
The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.
A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.
The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “without her knowledge”, where the husband was seeking men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.
We expect the jury will declare that in this society, human rights are also rights of women – that agreement is individual, not delegated,” said the victim's lawyer, her legal representative. “Agreement is received directly and not via a representative from a husband.”
Case History
The ex-husband, a notorious sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for sedating his then wife and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their union.
Fifty other men were found culpable in a notable trial last year, and Dogan was the sole individual to challenge his sentence. He was first given a sentence to 9 years in prison, a sentence increased on Thursday to ten years.
The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any blame”.
Courtroom Details
The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault the victim, after informing his wife he was going out, the evidence indicated.
Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”
The trial became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to claim he was innocent and had not perpetrated assault, contending that because the victim's husband had welcomed him into the bedroom, his actions had been acceptable.
The jury in the higher court was displayed recorded footage of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a grinning Dogan engaged in violation multiple times over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been incapacitated and had not given permission.
Accused's Testimony
Dogan informed the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused informed the court. “I carried on because he persuaded me.”
Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that lady.”
Survivor's Statement
The survivor, who was cheered upon leaving court each day by onlookers gathered to back her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Not once.”
The victim, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”
Prosecutor's Remarks
Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, perhaps motivated by the collective awareness spurred by the revelation of your ordeal.”
Sie said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”
The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a person, it’s an whole disturbing cultural framework that you are supporting.”
Biographical Details
The accused was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a building manager. The court heard that his father was aggressive and that the defendant began using drugs aged 10. When Dogan was 17 he was apprehended by police for drug trafficking and his father evicted him the family house. He spent time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of being unhoused.
He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a mental health expert that each year he sought commercial sex on his birthday. His attorneys told the court he had arthritis caused by the stress of the original case.